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Practice Areas > Municipal Law
The firm offers comprehensive and extensive services to municipalities, their boards and agencies and to those persons dealing with them.
The firm's experience includes: litigation, both judicial and administrative; consultation relative to statutes and regulations affecting municipalities, their boards or agencies; drafting regulations and ordinances; planning, zoning, subdivision and land use issues; administrative appeals; personnel issues and concerns including termination of employment and MCAD matters; ethics matters under G.L.c. 268A; open meetings and public records concerns; constitutional law affecting municipalities including Home Rule, the Anti-Aid Amendment, the First, Fourth, Fifth, Eleventh, Fourteenth Amendments to the U.S. Constitution, the Privileges and Immunities Clause, the Commerce Clause and the Dormant Commerce Clause of the U.S. Constitution.
Attorney Michael Ciota's extensive municipal law practice includes appointments as:
- Counsel for the Fitchburg Board of Health (1984-2002);
- City Solicitor, Fitchburg (1991-2002) and 2008 to present
- Associate Town Counsel for the Town of Palmer's land use boards (1987-present);
- Counsel to the Fitchburg Redevelopment Authority.
Municipal Cases
Municipal cases handled by the firm include:
Opinion of the Justices, 429 Mass. 1201 (1999), amicus brief.
Regienus v. Town of Barre, 48 Mass. App. Ct. 1118, 723 N.E.2d 48 (Table), further review denied 431 Mass. 1104, 733 N.E.2d 125 (Table), Mass., (2000). Regienus v Town of Barre, et al., C.A. No. 98-CV-00698, Worcester County Housing Court.
Bingham v. City Council of Fitchburg, 52 Mass App. Ct. 566 (2001) appeal denied 435 Mass. 1106 (2001) - (as co-counsel with the zoning applicant's attorney); B.J.'s Wholesale Club, Inc. v. City Council of Fitchburg, 52 Mass. App. Ct. 585 (2001).
Sanders v. Fitchburg, Worcester Superior Court, WOCV1999-02110 (2000), affirmed 56 Mass. App. Ct. 1114 (2002).
Philip J. Curtis v. City of Fitchburg, et al , Worcester Co. Superior Ct., No. 97-1375A, 9 Mass. L. Rptr. 512, 1998 WL 1183980. 16 Mass. L. Rptr. 391 (2003). Aubuchon, Trustee v. City of Fitchburg and Michael A. Gallant, Building Commissioner, Civil Docket # 02-CV-00456, Worcester County (May 2003).
Dauphinais and Sons, Inc. v. Town of Palmer, Hampden County, 95-CV-0548 & 97- CV-0537 (1999).
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